Citation Nr: 22017335
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 17-11 834
DATE: March 24, 2022

REMANDED

Entitlement to service connection for obstructive sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from November 1997 to December 1997, and from March 2000 to April 2003.  This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2012 rating decision by the agency of original jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA).

In February 2019 and July 2021, the Board remanded this matter for further evidentiary development.  Pursuant to the Board's most recent July 2021 remand, the Veteran was afforded a VA examination in November 2021.  

If VA provides an examination that examination must be adequate.  Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  In rendering the negative nexus opinion for the claimed disability, the VA examiner provided a generally conclusory opinion.  The VA examiner merely stated that there was no evidence connecting obstructive sleep apnea and the Veteran's assertion that such was attributable to exposure to burning trash and feces in service.  Further, in determining that the Veteran's obstructive sleep apnea is due to his obesity, the VA examiner did not discuss or consider that the Veteran gained weight during service.  At his December 1999 enlistment examination, the Veteran was weighed at 168 pounds.  Upon separation, as referenced by the VA examiner, the Veteran weighed 189 pounds.  Thus, the VA examiner did not address the potential role, if any, of the Veteran's in-service weight gain and subsequent post-service diagnosis of obstructive sleep apnea.  Therefore, the opinion is inadequate, and another remand is warranted to obtain a VA medical opinion to determine the nature and etiology of the Veteran's claimed obstructive sleep apnea.  

The matters are REMANDED for the following action:

1. Obtain a medical opinion from a qualified VA clinician to determine the nature and etiology of the claimed obstructive sleep; the claims folder must be reviewed in conjunction with such.  The examiner must opine as to whether such is at least as likely as not (50 percent probability or greater) caused or aggravated by service.  

A full and complete rationale is required for all opinions expressed.  Competent lay statements regarding obstructive sleep apnea must also be addressed.

2. Then, readjudicate the remanded issue. If the benefit sought remains denied, issue a supplemental statement of the case.  The case should then be returned to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G.A. Ong, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.